56.832 Lease by Commonwealth of real property in foreign jurisdiction.
696 words·~3 min read·
/ky/chapter-56/56-832A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The term "foreign jurisdiction" for the purpose of this section means states other
than Kentucky, a territory of the United States, or a foreign country.
(2)The Finance and Administration Cabinet shall promulgate administrative
regulations relating to the lease of real property in a foreign jurisdiction.
(3)When an agency determines it has a need to lease office space in a foreign
jurisdiction, the agency shall submit a request in writing to the Department for
Facilities and Support Services within the Finance and Administration Cabinet.
(4)The Department for Facilities and Support Services shall review the space request
and draw up general requirement specifications. The general requirement
specifications shall be kept on file by the department.
(a)If the Department for Facilities and Support Services determines that it is not
feasible to lease the space through competitive sealed bid, the Department for
Facilities and Support Services may, under Finance and Administration
Cabinet administrative regulations, acquire leased space through
noncompetitive negotiation.
(b)If competitive sealed bid is determined to be unfeasible, the commissioner of
the Department for Facilities and Support Services shall put in writing the
justification for his determination prior to award of the lease. This writing
shall be kept on file by the department.
(6)Any lease awarded under this section shall include a thirty
(30)day cancellation
notice that will allow the Commonwealth the right to cancel the lease upon written
notice within thirty
(30)days.
(7)Any lease proposed to be awarded under this section, including all lease renewals
for which the annual rental cost will exceed one hundred thousand dollars
($100,000), shall be reported to the Capital Projects and Bond Oversight Committee
after drafting of the lease is completed but before execution. The report shall
include:
(a)The name of the agency that will occupy the premises;
(b)The name of the lessor;
(c)The purpose and justification for the lease;
(d)The terms of the lease;
(e)An explanation of why the Finance and Administration Cabinet chose this
lessor; and
(f)A survey and cost comparison of similar rental properties within the area.
(8)Within thirty
(30)days after the report required in subsection
(7)of this section has
been submitted to the committee, the committee shall conduct its review and decide
whether to approve or disapprove the proposed lease authorization. If the committee
disapproves a proposed lease authorization, the secretary of the Finance and
Administration Cabinet shall:
(a)Revise the proposed lease authorization to comply with the objection of the
committee;
(b)Cancel the proposed lease authorization; or
(c)Determine to proceed with the proposed lease authorization disapproved by
the committee.
(9)The decision made by the secretary of the Finance and Administration Cabinet
under subsection
(8)of this section shall be communicated to the committee in
writing within thirty
(30)days of the committee's disapproval.
(10)Except when another lease term is approved by the secretary of the Finance and
Administration Cabinet, the terms of the lease entered into may provide for an
initial lease term beginning on a date stated and ending on June 30 in each year in
which the General Assembly has convened in an even-numbered-year regular
session and appropriated funds for the operation of the state government during the
next ensuing biennium. The lease may grant the state successive options for the
automatic renewal of the lease upon the same terms and conditions for additional
renewal periods of twenty-four
(24)months each, not to exceed three
(3)automatic
renewal periods. Any lease containing a provision for the automatic renewal of the
lease after the expiration of the initial lease term shall also provide that the state
may, upon written notice given to the lessor on or before April 15 of the year in
which the initial or any automatic renewal term expires, elect not to exercise its
option for the automatic renewal of the lease term. Subject to the agreement of the
lessor, a lease in which the final automatic renewal period has expired, or will
expire as of the end of the then current term, may be renewed upon the same terms
and conditions, provisions of KRS 56.803 to the contrary notwithstanding.